WATCH LIVE as Gambakwe unpacks the latest developments of Sonja and Thabitha Madzikanda who are currently in jail over leaked videos of Zimbabwe and South Africa President, Ramaphosa and Mnangagwa.
Case: Sonja & Tabitha Madzikanda
Current status: Remanded in custody by Harare Magistrates Court.
Charges: Fraud, cyberbullying, harassment.
Legal basis: Section 164B of the Criminal Law (Codification and Reform) Act.
Alleged conduct: Publishing AI-generated photos and videos linking Sonja’s estranged husband, Wicknell Chivayo, with South African President Cyril Ramaphosa.
Defense: Deny all charges. Lawyer argues no compelling reason to deny bail.
Next step: Magistrate Nyaradzo Manokore deferred bail ruling; ordered another night in custody.
Background: Bitter public fallout and divorce between Sonja and Chivayo, including disputes over child custody, stolen devices, and trust funds.
Prosecution’s focus: Current case limited to cyberbullying and AI content violations (not broader family disputes).
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Notes: Ramaphosa Legal Context
Key Personalities
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Cyril Ramaphosa – President; seeking to review a report on the Phala Phala saga.
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Mandisa Maya – Chief Justice; Ramaphosa has asked her for consent to litigate.
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Sandile Ngcobo – Retired Chief Justice; chaired the panel that authored the report.
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Mbekezeli Benjamin – Researcher at Judges Matter; commented on the legal necessity of seeking consent.
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Sfiso Buthelezi – Former deputy finance minister; lost a review for not seeking permission before suing a judge.
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Jacob Zuma & Thabo Mbeki – Former presidents; had a case dismissed for similar procedural non-compliance.
Next Steps & Legal Requirements
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Obtain consent – Required from Chief Justice Maya under Section 47 of the Superior Courts Act before suing Ngcobo.
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Avoid dismissal – Failure to comply = case dismissed on procedural grounds (merits not considered).
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Timing – Permission must be sought before filing (Buthelezi’s case refused because he sought permission after filing).
Key Dates Mentioned
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March 2025 – Judgment by Judge Mudau dismissing Zuma & Mbeki’s case for lack of consent.
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2022 – National Assembly voted not to adopt Phala Phala panel report; also year of $580,000 theft at Ramaphosa’s farm.
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2025 – Fiona Dippenaar’s judgment on Section 47 (intensified consent requirement debate).
Process Status
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Request for consent (Section 47) – COMPLETED (lodged with Chief Justice)
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Chief Justice’s decision – PENDING
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Filing of review application – NOT YET DONE (requires permission from step 2)
